Summary
In a prosecution concerning the ritual killing of a two-year-old child, corroborated extra-judicial confessions and discovery of the body in the principal accused’s home established their responsibility. The Court upheld their murder and concealment convictions and death sentences, while setting aside kidnapping and conspiracy convictions. Other accused received the benefit of doubt because their participation or common intention was not proved.
Issues
- Whether the confessions and surrounding evidence proved the respective accused’s liability.
- Whether the principal accused’s death sentences should be affirmed.
Held
- The principal accused confessed to civilians before police arrived, with no demonstrated inducement, threat or promise. Although extra-judicial confession is weak evidence, the consistent testimony and corroborating discovery of the body supported reliance on it here. (¶¶ 13, 14, 15, 16, 18)
- Section 106 did not relieve the prosecution of its burden. After cogent evidence established that the child’s body was buried in the accused’s home, they had to explain that specially known circumstance. (¶ 19)
- Kidnapping and conspiracy lacked acceptable corroborative proof. Common intention was established between the two principal accused but not the other alleged followers, whose presence was inconsistently identified. Regular visits as disciples did not establish participation in the crime. (¶¶ 17, 19)
- Life imprisonment is the rule and death the exception, requiring consideration of the offender, offence, mitigation and prospects of reform. The Court treated the planned, brutal sacrifice of a helpless child and the principal accused’s conviction for a similar killing as supporting the rarest-of-rare conclusion in this case. (¶¶ 20, 21, 22, 23)
Result
Appeals 300–301/2018 and 298–299/2018 were allowed; those appellants were acquitted and ordered released unless required elsewhere. Ishwari Lal Yadav’s and Kiran Bai’s appeals were partly allowed by setting aside their kidnapping and conspiracy convictions. Their convictions under Sections 302/34 and 201, death sentences for murder and sentences for concealment were affirmed.